What is Subdivision?
Subdivision can generally be described as the legal mechanism that leads
to the creation of new parcels of land. Subdivision involves the division
of land into two or more parcels, and can also include the re-alignment
of existing property lines, the creation of strata lots, the creation
of long-term leases (over three years), building stratas and air-space
parcels.
Why Is the District approval of Subdivision
required?
Provincial statutes and District bylaws require that most subdivisions,
that take place within the District's boundary, be approved by a municipal
official who has been appointed by Council to serve as the Subdivision
Approving Officer. Some forms of subdivision do not require District
approval. These include plans that consolidate whole parcels, lot line
cancellations and some building stratas.
Subdivision Approving Officer
The Land Title Act authorizes a Municipal Council to appoint a person(s)
to independently administer the approval or rejection of subdivision.
The appointed Subdivision Approving Officer(s) has the authority to
use considerable discretion when making decisions concerning subdivision
application, and is responsible to either approve or reject a subdivision
application based on his/her opinion regarding conformation of a proposal
with District bylaws and policies, and Provincial statutes. He/she is
also expected to determine if the final product is in the public interest.
In this role, the Approving Officers act in a judiciary manner. It
is he/she (and not the Municipal Council) that approves and rejects
a subdivision application.
What does the Approving Officer Consider?
- Existing District policies
Especially those policies incorporated within the District's Official Community Plan, and those confirmed by District
Council.
- Zoning Regulations
Standards for the creation and use of lots (lot size, lot dimensions,
servicing, frontage, density and use, setbacks, etc.)
- Access/Mobility
Consideration for roads, lanes, walkways, emergency access, fire lanes,
access to the Ocean and Lakes; and adjacent land.
- Parks & Environmental Protection
Allowing for the provision of "green spaces" and the protection and
enhancement of natural and environmental amenities.
- Servicing
The provision and extension of services (sewer, water, utilities and
other services) to support the use of the new lots and the future
development of adjacent lands.
- Hazards
The assessment of site conditions (steep slopes, coalmine workings,
geotechnical suitability, and erosion) that may have impact upon the
safe use and development of the lands.
- Requirements of "External Agencies"
- Ministry of Transportation (i.e. when subdivision occurs adjacent
to a Provincial Highway, or access to the foreshore is a consideration)
- Ministry of Water, Land and Air Protection (i.e. concerning
environmental issues, flooding, contaminated site remediation)
- Ministry of Health (for on-site sewage disposal)
